Offensive Publications Act

Southland Times, Issue 19552, 5 May 1905, Page 2

Offensive Publications Act

Per United Press Association

WELLINGTON, May 4

In tho Supreme Court to-day George Matthews Ewart was charged with selling certain printed matter, namely the newspaper named *‘ Truth,” published at Sydney, which l , in certain parts, was alleged to be of an indecent, immoral a*nd obscene nature. Counsel for the defence raised as preliminary points— 1) that the charge should be withdrawn ficin the jury on the ground that there was no evidence that he had knowledge cf the contents of the paper, and (2) that alternatively the jury must he satisfied that accused had knowledge cf tnc aleged obscene contents. His Honour did not think he should do so, and ruled that the case shouhl go on. In reply to contentions that various standard books contained indecent pass ages his Honour said that tn at had nothing to do wittv the case. According to the colony’s taw, such a contention was not an answer to the charge. All that the jury had to decide was whether the printed matter was immoral, indecent or obscene. It did not matter, either, Whether ■ the printed matter contained only reports of police court cases or not* That was his ruling and counsel, if not satisfied, had the Appeal Court as a remedy. Counsel for the Crown said v<hat the jury were asked to decide was whether the articles submitted for inspection were proper for publication in the colony. In summing up, his Honour said.the accused had practically admitted selling (ho paper, and the only question for the jury was whether tCne articles were indecent, immoral or obscene. The freedom of the press was nevor attacked by putting down anything that tended towards indecency and corrupting the morals 3f youth; on the contrary, it was maintaining the freedom of the press. After deliberating for an hour, the jury returned a verdict of ” guilty.’ ’ Leave was given to carry the points raised regarding the knowledge of the accused to the Appeal Court, and in the meantime the accused was liberated cn his own recognisances of £lO6.